CHIN JHIN THIEN & ANOR v. CHIN HUAT YEAN & ANOR
FEDERAL COURT, PUTRAJAYA
MOHD ZAWAWI SALLEH FCJ, IDRUS HARUN FCJ, NALLINI PATHMANATHAN FCJ,
ZALEHA YUSOF FCJ, HASNAH MOHAMMED HASHIM FCJ
[CIVIL APPEAL NO: 02(f)-29-04-2019(P)]
7 JULY 2020
[2020] CLJ JT (4)

SUCCESSION: Probate - Will - Validity - Allegation that will made was secret trust - Whether testator had testamentary capacity to make will before death - Whether requirements for formality of valid will satisfied - Whether will a secret trust - Whether will contradictory to Wills Act 1959 and/or against public policy - Whether will valid and ought to be given effect

TRUSTS: Secret trust - Will - Allegation that will made was secret trust - Whether requirements for formality of valid will satisfied - Whether will a secret trust - Whether concept of secret trust applicable to Malaysia - Whether secret trust abrogated in Malaysia - Whether secret trust applicable in cases involving issue of testamentary capacity of testator - Whether secret trust contradictory to Wills Act 1959 and/or against public policy

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